, 1887-09-04
NEARING THE CLOSE.
Opening Argument by the Prosecu-
ton in the Mccoy Case.
Prosecuting Attorney StoII An
swered by Hon. ]. A.. Riner.
The Court Room Is Crowded to
Hear the Trial.
Mccoy Cannot Say Why He Did Not
Avoid Gum.
Sheriff S~harpIess Says Mccoy Did
Sheriff SharpIess Says Mccoy Did
Not Surrender Voluntarily.


house yesterday. A number of ladies
were in attendance. Had the Mccoy
trial taken place in the opera house the
managers of that establishment would
have reaped a harvest of coin from the
seeds of discord sown in Lusk on the
morning of the 18th of January of the
present year. The audience contained all
types of people and residents. Clergy
men, business men, clerks, attorneys and
curious idlers listened ~intently to the ties.
timony introduced, and almost uncon
sciously sided with the attorneys of one
side or the other when questions or prop
o%sitions were subjected to the stereotyped
objection of being '.'immaterial, irrelevant
and incompetent Upon several occa
sions the occupants of chairs in the audi
forum we're inclined to applaud when
the Judge rendered a ruling in conformity
with their ideas upon the subject.
mccoy CONTINUES.
Mccoy had partially rsgained his usual
composure when again placed upon the
stand yesterday morning. He had evil
IDENTIFY slept well and appeared refreshed.
The prisoner soon became as uneasy and
uncomfortable as upon the previous even
ing when again subjected to the cutting
questions %propounded by Prosecutor Stoll
upon the resumed cross examination. He
nervously twirled his moustache, grasped
one hand with the other and occasionally
ran the palm of his right hand over his
face when pausing to frame an answer.
AS to why he did not attempt to leave
Waters saloon when Gum entered Mccoy
was uncertain. He admitted that he might
have done so both before and subsequent
to the firing ofthe first shot. He stepped
aside to avoid a collision with the falling
body of Gum and remained near the
PROSTATE man for several seconds before
firing the second shot. He might have
left the saloon without any difficulty, he
stated, after urging; but hesitated because
be was frightened. When the attorney
finally uttered the regulation that's all''
and Mccoy was instructed to step aside
he heaved a deep sigh of relief, walked to
his seat and resumed his pastime of oc-
c~asionally glancing about the room and
whispering to his counsel.
A COOL WITNESS.
Jas. Waters, in whose saloon the killing
occurred. was an interesting witness. AS
he was in bed at the time of the tragedy
he, OF course, could testify to no facts
concerning the murder of Gum In a
matter of fact and unconcerned style he
related the particulars of the trouble, y
as it was denominated, which transpired
several hours previous to the meeting of
Mccoy and the deceased. Waters and
Mccoy quarreled over some trivial matter
at the dance which has so frequently been
alluded to during the trial. The Texas
desperate had inquired if Waters was
"heeled, u the latter responding that he
was not and had no desire to engage in a
quarrel during the progress of the party.
At the conclusion of the evenings enter
tainment he had proceeded to the estab-
lishment of Hogle & Mccoy for the our
pose OF interviewing the junior member of
the firm. 1T was none of Gums fight.
l invited Mccoy 70 come outside and
fight. l told him that | was 'heeled
now. At this point the testimony of
Waters and Lockwood differs materially.
The latter insists that he simply placed his
hand upon Waters shoulder and request
ed him to desist. Waters swore positive
ly in rebuttal of this testimony that Lock
wood seized hold of him, and only loos-
ened his grasp when forced to do 50.
HOW GUM WORE HIS GUN"
Several witnesses for the defense were
called to testify as to the name in which
Gum habitually carried his revolver, and
particularly the position which it occupied
the morning of the killing. Three men
swore positively that the deceased's re-
volver was in his hip pocket upon all oc-
c%asions. Watson, Lockwood and Mccoy
stated under oath hat Gums pistol was
in his pantaloons, slightly to the right of
the center. This point is a mere ques
ton as to the credibility of the witnesses
who testified. The prisoners are under
indictment for grave o%ffenses. They ma
turally testify in behalf of their alleged
companion in crime. They were not i'm
peached, and the jury is consequently in
duty bound to consider their evidence
truthful SO far as they deem advisable.
The witnesses for the prosecution are GER
tainly entitled to the same consideration
DID HE SURRENDER
Call s. K. Sharpless," said the pros
ecuting attorney yesterday afternoon.
Judge Corn repeated the request. and
that official o appeared, was sworn.
and took the stand.
After questioning Mr.. Sharpless as to
his residence and occupation, he was
asked whether or not the prisoner at the
bar voluntarily surrendered to the author
tiles of Laramie county. He did not, y
responded the sheriff, before the defense
could object.
Were YOU there?" inquired Judge